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Mississippi Code

Miss. Code Ann. § 99-19-81 (2026)

Sentencing of habitual criminals to maximum term of imprisonment

✓ current as of July 2026
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Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.

Laws, 1976, ch. 470, § 1, eff. 1/1/1977.

Amended by Laws, 2018, ch. 416, HB 387,§ 12, eff. 7/1/2018.

Brought forward by Laws, 2014, ch. 457, HB 585, 79, eff. 7/1/2014.

Notes of Decisions
Cited in 456 cases (52 in the last 5 years), 1981–2026 · leading case: Barnwell v. State, 567 So. 2d 215 (Miss. 1990).
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Barnwell v. State, 567 So. 2d 215 (Miss. 1990). · cites it 9× “§ 97-21-59 (1972), for uttering a forgery and under Miss. Code Ann. § 99-19-81 as an habitual offender.”
Vance Drummer v. State of Mississippi, 167 So. 3d 1180 (Miss. 2015). · cites it 8× “See Miss. Code Ann. § 99-19-81 (Rev. 2007). ¶7.”
Byron Perry v. State of Mississippi, 233 So. 3d 750 (Miss. 2017). · cites it 5× “Miss. Code Ann. § 99-19-81 (Rev. 2015) (emphasis added).”
Snow v. State, 800 So. 2d 472 (Miss. 2001). · cites it 3× “In March, 1997, the Simpson County Grand Jury returned an indictment charging Snow with two counts of capital murder and one count of escape as an habitual offender pursuant to Miss.Code Ann. § 99-19-81. In June, 1997 an order allowing a transfer of venue was issued.”
Tate v. State, 912 So. 2d 919 (Miss. 2005). · cites it 3× “Because Tate had two prior felony convictions, [1] the trial court sentenced Tate, as a habitual and enhanced offender under Miss.Code Ann. §§ 99-19-81 and XX-XX-XXX, [2] to serve sixty *923 (60) years in the custody of the Mississippi Department of Corrections for each of the…”
Jefferson v. State, 556 So. 2d 1016 (Miss. 1989). · cites it 4× “Lester Lee Jefferson appeals his conviction of burglary and sentence of seven years imprisonment without parole as a habitual offender, Miss. Code Ann. § 99-19-81 (Supp. 1989). Our principal concern is the enforceability of Jefferson's two prior larceny convictions and the…”
Smith v. State, 835 So. 2d 927 (Miss. 2002). · cites it 4× “This trial court amended the indictment to reflect that Smith was a habitual offender pursuant to Miss.Code Ann. § 99-19-81 based upon documents presented by the State.”
Robinson v. State, 836 So. 2d 747 (Miss. 2002). · cites it 6× “It is true that Robinson was indicted in this case as an habitual offender under Miss.Code Ann. § 99-19-81 (2000), which states: Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately…”
Friday v. State, 462 So. 2d 336 (Miss. 1985). · cites it 8× “, concur in part II. HAWKINS, J., dissents to part II.”
White v. State, 532 So. 2d 1207 (Miss. 1988). · cites it 3× “Under the "Enhancement Portion of the Indictment" he was charged as an habitual offender to be sentenced pursuant to Miss. Code Ann. § 99-19-81 (Supp. 1984). In a hearing prior to the trial phase, defendant filed a motion to suppress physical evidence seized after the arrest,…”
Sanders v. State, 63 So. 3d 497 (Miss. 2011). · cites it 6× “Miss.Code Ann. § 99-19-81 (Rev.2007) (emphasis added).”
Monroe v. State, 515 So. 2d 860 (Miss. 1987). · cites it 5× “Monroe was indicted for armed robbery and also indicted as a recidivist under Miss. Code Ann. § 99-19-81 (Supp. 1986). The indictment alleged Monroe on May 1, 1984, robbed Judy Spates of $40 and a gold necklace by displaying a weapon.”
Show all 456 citing cases →
Miss. Code Ann. § 99-19-81(1972): 2 cases
Adams v. State, 772 So. 2d 1010 (Miss. 2000).
Walls v. State, 759 So. 2d 483 (Miss. Ct. App. 2000).
Miss. Code Ann. § 99-19-81(1994): 1 case
Bell v. State, 751 So. 2d 1035 (Miss. 1999).
Miss. Code Ann. § 99-19-81(2000): 1 case
Reynolds v. State, 784 So. 2d 929 (Miss. 2001).
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